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Showing 15553–15576 of 19,290 articles for “eme”

Confessions and Constitutional Rights: Ensuring Voluntariness and Competent Counsel in Philippine Law

A Supreme Court ruling on when extrajudicial confessions are admissible, focusing on voluntariness and the right to competent and independent counsel.

Buy-Bust Operations and the Plain View Doctrine: Balancing Law Enforcement and Individual Rights

The Supreme Court clarifies the limits of warrantless seizures in buy-bust operations, applying the plain view doctrine to protect individual rights.

Deadline or Justice: The Strict Timeline for Challenging Tax Laws

A Supreme Court ruling on the mandatory 30-day window to appeal local tax ordinances and when procedural rules may be relaxed.

Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana

In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.

Beyond Rape: When Lewd Acts Constitute Acts of Lasciviousness

The Supreme Court explains when lewd acts short of rape constitute acts of lasciviousness, and the penalties involved.

The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction

Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.

Homicide vs Murder: When Superior Strength Is Not Proven in Criminal Cases

The Supreme Court explains when abuse of superior strength fails as a qualifying circumstance, reducing murder to homicide.

Security of Tenure Prevails: No Leave Filing Needed When Suspended Pending Criminal Case

A government employee suspended pending a criminal case cannot be dropped from the rolls for not filing leave; security of tenure and due process protect her reinstatement.

Witness Credibility and Treachery: When a Killing Becomes Homicide, Not Murder

The Supreme Court clarifies when superior strength qualifies a killing as murder, and why witness credibility prevails over denial and alibi.

Unlawful Detainer vs. Forcible Entry: Supreme Court Clarifies Jurisdiction in Barba v. Court of Appeals

Supreme Court clarifies unlawful detainer jurisdiction, prior possession requirements, and ownership issues in ejectment cases under Philippine law.

Reasonable Doubt Acquittal in Statutory Rape Case Due to Inconsistent Testimony

Supreme Court acquits father in statutory rape case, ruling that inconsistent testimony and intact hymen created reasonable doubt.

Proving Rape in the Philippines: Why a Victim's Testimony Can Convict Without Physical Evidence

Philippine Supreme Court ruling on rape conviction based on credible victim testimony, explaining when physical evidence is not required for conviction.

Election Law: Distinguishing Beneficence From Campaigning in Pangkat Laguna vs Comelec

When does a public official's act of giving become illegal campaigning? The Supreme Court clarifies the line between beneficence and vote solicitation.

Breach of Trust and Estafa: Accountability in Jewelry Sales Agreements

When a jewelry seller fails to remit proceeds or return unsold items, criminal liability for estafa may arise despite payment agreements.

From Murder to Mayhem: Gauging Intent and Injury in Philippine Law

Philippine Supreme Court clarifies when a deadly attack becomes only slight physical injuries, not frustrated murder, based on wound severity and medical treatment.

Police Officer Convicted of Rape Under Custody: Public Trust and the Death Penalty

The Supreme Court affirms the death penalty for a police officer who raped a 16-year-old detainee in his custody, underscoring abuse of authority.

Upholding Surety Agreements: Corporate Debts Bind Individual Guarantors

Supreme Court ruling on when corporate officers who sign surety agreements become personally liable for corporate debts.

Tax Assessment vs Collection Notices: Due Process in Real Property Tax Disputes

Supreme Court clarifies the vital distinction between tax assessment and collection notices, and what this means for taxpayers' remedies.

Who Can Answer a Request for Admission? Rule 26 and Legal Representation

Philippine Supreme Court clarifies whether a lawyer may answer a request for admission for a client under Rule 26 of the Rules of Court.

Corporate Dissension and the Limits of Rescission: How Investment Disputes Can Trigger Liquidation

Explore how corporate dissension can lead to liquidation, the limits of rescission in investment disputes, and key legal principles from a Philippine Supreme Court ruling.

Due Process in Bail Hearings: The Prosecution's Right to Present Evidence

The Supreme Court nullified a bail grant because the trial court denied the prosecution its day in court, reaffirming that bail hearings must respect due process for both sides.

Union Disaffiliation and Freedom of Association: Philippine Skylanders v. NLRC

When can a local union validly disaffiliate from its mother federation? The Supreme Court explains in Philippine Skylanders v. NLRC.

Local Union Disaffiliation Rights: Philippine Skylanders vs NLRC Explained

Supreme Court ruling on local unions' right to disaffiliate from mother federations, and when disaffiliation is valid under Philippine labor law.

Expediting Justice: Holding Judges Accountable for Case Delays

The Supreme Court affirms sanctions against a Sandiganbayan Presiding Justice for gross inefficiency, underscoring that judges must decide cases within 90 days.